International legal foundations for implementing the principle of international cooperation in environmental protection under globalization

Abstract

The aim of this article is to provide a comprehensive analysis of the international legal foundations for the implementation of the principle of cooperation between states in the field of environmental protection in the context of globalisation. The methodological basis of the study comprises: a systemic approach (for a comprehensive analysis of international legal norms in relation to globalisation processes), the comparative law method (for comparing international and national environmental protection mechanisms), and analysis and synthesis (for summarising the practice of applying international conventions). Empirical methods were also employed, in particular the analysis of documents from international organisations and the practice of transboundary consultations.

The authors distinguish between such related concepts as the ‘principle of international cooperation’, ‘international environmental policy’ and ‘forms of implementing international environmental policy’, and also highlight two levels at which contemporary international environmental policy operates: global and regional. The article pays particular attention to the analysis of the treaty and organisational forms of international cooperation in the field of environmental protection.

The article emphasizes that Ukraine has the potential to be an active player in international cooperation on environmental protection. Ukraine’s role in contemporary global environmental processes is illustrated using recent case studies relating to the application of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters in wartime, and the resolution of the conflict between Ukraine and Romania over the construction of the ‘Danube–Black Sea’ canal, which concerns the application of the Convention on Environmental Impact Assessment in a Transboundary Context. Attention is also drawn to Ukraine’s cooperation with UNDP and UNEP, its participation in the EU LIFE Programme, and Ukraine’s chairmanship of the International Commission for the Protection of the Danube.

The article argues that the principle of international cooperation is fundamental to the effective implementation of environmental commitments, as only joint action by states can counter transnational environmental threats.